Henry ex rel. Estate of Wilson v. HealthPartners of Southern Arizona
In Henry ex rel. Estate of Wilson v. HealthPartners of Southern Arizona, 203 Ariz. 393, 55 P.3d 87 (App. 2002), the trial court initially denied the defendant's request to read allegations in the plaintiff's complaint to the jury at the beginning of the trial.
But later, after the trial concluded, the court reversed itself and read the allegations. Although we found that the court had correctly ruled that the allegations of a complaint can be read to a jury, the Court concluded that the plaintiff was entitled to a new trial, which the trial court had granted but for a different reason, because the timing of the court's order had been unfair and prejudicial to the plaintiff.